Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1887-04-07
MUNICIPAL SUFFRAGE.


Opinion OF Attorney General Bradford In
Regard Municipal Suffrage for Women
What Officers They Can Vote For.
In response to an inquiry, the Attorney
General has written the following letter
defining the scope of the Municipal Suffrage
law:
TOPEKA March 90, 1887.
Hon. L. z. Humphrey, Independence, kda.:
DEAR SENATOR: In answer 20 your favor OF
the 18th inst, permit me to say, after consider
ing the statutes bearing on the subject 1 am OF
the opinion that all Incorporated cities OF this
State that elect justices and constables separate
from the township in which they are situated
are constituted townships for the purpose OF
electing justices OF the peace and constables-
(See sec. l. Oh. l9a, comp. laws 1879. and Sec 4S,
Oh. no, comp. laws 1881 Therefore justices OF
the peace and constables, whether elected IN or
out OF a city. are township officers and not
municipal officers.
Women are by the statute OF Kansas made
eligible TO vote for municipal officers alone and
not township officers. Justices OF the peace be-
ing constitutional ofhcers, only constitutional
electors vote for their election. Constables
are not constitutional officers, and the Legisla-
ture without any change in the organic law
could have qualified women as electors
therefor. The statute OF 1887, however.
confers municipal suffrage only, and quallhed
women 10 vote for municipal officers only
AS justices and constables township Of
ficers and not municipal officers. the rule is the
same with reference TO each, and women are
not qualified electors for the purpose Of electing
Justices of the peace and constables. These
Offices are elected, however, at the usual city
elections in cities of the first and second class.
1T which municipal officers proper are elected,
and precaution should be taken to prevent
such complications as might arise if unqualified
persons are permitted TO vote for justices and
constables.
The mayor and city council OF each city have
general power TO enact such ordinances not re-
pugnant to the constitution and laws OF the
State as they deem eXpedient for the good gov
eminent OF the city and the preservation OF
peace and good order. They have power in my
| opinion TO provide by ordinance separate ballot
| boxes, poll books and tally sheets for the pur-
pose OF holding city elections, at which time
| both justices of the peace and municipal Of
| icers are elected, and they may also provide
for the use of the city two poll books and two
| ballot boxes to be used by one ana the same
| election board. The returns from the board in
| each ward in q city being made in the manner
provided in the general election law, but sepa-
rate from each other, they can provide separate
ballot boxes, poll books and tally sheets for the
| municipal election proper, from the election in
| the city q township for township officers,
that is to say, in one ballot box shall be depos-
| tied the ballot upon which is written or printed
the name of the candidate for justice of the
! peace and constable, in the other ballot box
| may be deposited the ballot containing the
names, written or printed, of the candidates for
| the several municipal officers to be elected.
| If the mayor and council of the cities OF the
| first and second class shall fail neglect TO
enact such an ordinance, the women themselves
| can avoid the difficulty in a practical manner
| by voting for municipal officers only, striking
| from the written printed tickets the names
! of officers for whom there is any doubt of their
right to vote.
1t is the duty of all good citizens and all city
! governments to see that the intention of the
Legislature in enacting this wise and just law
| is not nullifed. All city councils should by
| ordinance such above suggested make IL i'm
| possible for complications TO arise such as can
| be imagined if no action is taken.
| Women now for the first time are invested
with this incalculable power for good il the
publication Of politics, and see TO il if no ac-
ton is taken by the present city governments,
that by act of theirs shall the will of the
| Legislature be defeated.
| 1t seems TO me there good reasons outside
| OF the question OF women voting for municipal
| officers 1T the election for holding that the bal
lots for municipal officers and for justices of the
peace AMI constables should ba cast in a
separate box other than the one for mu-
nicipal officers is deposited The poll
books and ballots cast for Justices OF the
| peace and constables must necessarily be
| canvassed by the county commissioners and
. should be returned to the county clerk. The
poll books and ballots cast for the municipal Of
fcers are canvassed by the city council, and the
result declared by them.
| Hoping that this explanation is satisfactory,
am, yours most respectfully
| S. Is. BRADFORD, Attorney General.